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ERIC Number: ED375473
Record Type: Non-Journal
Publication Date: 1994
Pages: 26
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Disciplinary Sanctions for Students with Special Needs.
Osborne, Allen G., Jr.
One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper reviews court litigation and IDEA provisions to develop guidelines for administrators in this situation. Although IDEA does not directly refer to discipline, its provisions have implications for the application of disciplinary sanctions on special education students. The case law of the last 2 decades clearly strikes a balance between students' rights and school administration authority. School officials may impose disciplinary sanctions as long as they follow procedures that will not deprive special-education students of their rights. Restrictions are placed on school authorities, however, when they wish to expel the student or change the student's placement for disciplinary reasons. In these situations, the due-process procedures outlined in IDEA usually replace the normal due-process protections. In conclusion, it is better to anticipate a problem and prevent one from escalating. An appropriate individual education program (IEP) should be developed that contains goals, objectives, and methods for behavior modification. Contains 49 end notes. (LMI)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A
Author Affiliations: N/A